HomeMy WebLinkAboutItem 6.1 AmendMunicodeDogRun CITY CLERK
File # ~-J
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: February 3, 2004
SUBJECT: Amendment of the Dublin Municipal Code to allow dogs to run
without a leash in any area designated as a dog run by the City
Manager, including the Bray Commons dog run, which is currently
under construction.
Report by Diane Lowart, Parks & Community Services Director
ATTACHMENTS: 1. Draft Ordinance
RECOMMENDATION: 1. Receive the staff report;
2. Open the public hearing;
3. Receive public testimony;
' 4. Close public hearing
the
and
deliberate;
and
5. Waive the reading and ADOPT the ordinance
FINANCIAL STATEMENT: None at this time
BACKGROUND: This is the second reading of a proposed ordinance that was
introduced at the City Council.meeting on January 20, 2004.
Currently, the Municipal Code prohibits dogs from running at large - not under restraint by leash or chain
or not otherwise controlled by a competent person -- in public places, including parks. As an example,
Section 5.100.130 of the Code currently sets forth in part that no person in a park shall "permit a dog in a
park unless such dog is under complete control of its owner or custodian at all times and led by a leash of
suitable strength not more than six feet in length."
Bray Commons, which is currently under construction, will include an off-leash dog run in addition to
other amenities including two age appropriate children's play areas, basketball court, volleyball court,
picnic areas, informal grass play area and walking paths. The park is anticipated to open in June 2004.
Thus, the Municipal Code needs to be amended to allow dogs to run without a leash at the dog run at Bray
Commons. The attached ordinance amends the Municipal Code in several places to allow dogs to run
without a leash in any area designated as a dog run by the City Manager or his authorized representative,
so long as such dog is under the charge and control of a person competent to keep such dog under
effective charge and control and so long as such dog does not wrongfully harm or damage or threaten to
harm Or damage any person or public or private property. The amendments are shown underlined.
The amendment to the Municipal Code is not limited to Bray Commons, but allows dogs to mn without a
leash in any area designated as a dog run by the City Manager, recognizing that other dog runs may be
constructed in the future. By including the broader language, the City will not need to amend the Code
each time a dog run is constructed.
COPIES TO: ITEM NO. __~
G:\COUNCIL~genda Statements~2004L2-3 bray dog run.doc
RECOMMENDATION
Staff recommends the City Council receive the staff report, open the public hearing, receive public
testimony, deliberate, close the public hearing and waive the reading and adopt the ordinance
(Attachment 1).
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DUBLIN
AMENDING DUBLIN MUNICIPAL CODE SECTIONS 5.36.o2o, 5.36.37o AND
5.1OO.130 TO ALLOW FOR DOGS TO RUN WITHOUT A LEASH IN ANY ARF. A
DESIGNATED AS A DOG RIJN BY THE CITY MANAGER
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS:
Section l: PURPOSE
Bray Commons is currently under construction and will include an off-leash dog run. In
the future, other off-leash dog runs may be constructed in the City. The purpose of this
Ordinance is to modify the Municipal Code to allow dogs to run without a leash in any area
designated as a dog run by the City Manager or his authorized representative.
Section 2: AMENDMENTS TO THE MUNICIPAL CODE
Section 5.36.220 of the Dublin Municipal Code is hereby amended to read as follows: "No
owner shall allow or permit any dog, whether licensed or unlicensed, to be or run at large in or
upon any public place or premises, or in or upon any private place or premises other than those
of said owner except with the consent of the person in charge of said private place or premises,
unless such dog is securely restrained by a substantial leash not to exceed six (6) feet in length
and is in charge and control of a person competent to keep such dog under effective charge and
control; provided however, nothing in this section shall prevent a dog from being used without
leash to hunt wild birds or game or to heard, guard, gather, or otherwise work domestic animals
or fowls in or upon a public place or premises so long as such dog is under the charge and
control of a person competent to keep such dog under effective charge and control and so long as
such dog does not wrongfully harm or damage or threaten to harm or damage any person or
public orprivate property. In addition, nothing in this chapter shall prevent a dog from running
without a leash in any area designated as a dog run by the Director so long as such dog is under
the charge and control of a person competent to keep such dog under effective charge and
control and so long as such dog does not wrongfully harm or damage or threaten to harm or
damage any person or public or private property. For purposes of this section, any dog in or
upon any vehicle shall be deemed to be on the premises of the operator thereof."
Section 5.36.370 of the Dublin Municipal Code is hereby amended to read as follows: "It
shall be the duty of the Director to take up, impound, and safely keep any of the animals
enumerated in this chapter and found running at large contrary to the provisions of this chapter,
staked, tied, or being herded or pastured in any street, lane, alley, court, square, Park, or other
place belonging to or under the control of the city."
Section 5.1oo.~3o of the Dublin Municipal Code is hereby amended to read as follows:
"Unless expressly authorized by the Director, no person in a park shall: A. Capture, hunt,
molest, injure, frighten, trap, kill, tease or hurt, throw or otherwise project objects at any wild or
domestic fowl, animal, reptile, fish or bird; B. Let loose or permit to run at large, lead or
otherwise bring any horse, mule, ass, cattle, goat, sheep, swine or other animal, reptile, bird or
fowl of any kind; nor bring any living thing that constitutes a safety hazard or a public nuisance
as defined in Section 3479 of the California Civil Code; provided however, nothing in this
~TP~-~ ~. ~ ATTACHMENT 1
chapter shall prevent a dog from running without a leash in any area designated as a dog run by
the Director so long as such dog is under the charge and control of a person competent to keep
such dog under effective charge and control and so long as such dog does not wrongfully harm
or damage or threaten to harm or damage any person or public or private property; C. Permit a
dog in any park unless such dog is under complete control of its owner or custodian at all times
and led by a leash of suitable strength not more than six feet in length; provided however,
nothing in this chapter shall prevent a dog from running without a leash in any area designated
as a dog run by the Director so long as such dog is under the charge and control of a person
competent to keep such dog under effective charge and control and so long as such dog does not
wrongfully harm or damage or threaten to harm or damage any person or public or private
property; D. Abandon any animal, bird, fish or reptile in any park; E. Permit any animal to
defecate upon a park unless the person immediately removes the feces and properly disposes of
it."
Section 3: EFFECTIVE DATE AND POSTING OF ORDINANCE
This Ordinance shall take effect and be in force thirty (3o) days from and after the date of
its passage. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at
least three (3) public places in the City of Dublin in accordance with Section 36933 of the
Government Code of the State of California.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin this
day of ,2004, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
Mayor
ATTEST:
City Clerk
-2-